September 2008

NY Federal Court Finds Tiffany, Not eBay, Is Responsible to Police Sales of Counterfeit Goods

By Marc A. Lieberstein and Catherine D. O’Connor

At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.

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